Out of state drivers who are arrested for driving under the influence in California face a variety of legal complications. As in all DUI instances, the driver will have to fight two separate cases. The first case is the criminal case, which is fought in court. The second case is with the Department of Motor Vehicles and is fought during a scheduled DMV hearing. During the DMV hearing, the accused can try to prevent his or her driving privileges from being suspended in California.
10 Day Rule
After a person is arrested for DUI in the state of California, the officer will take possession of his or her driver’s license. Even though the driver is from another state, the DMV will begin the process of suspending the individual’s driving privileges in California. During the arrest or after being released from jail, the person will be served with a pink suspension notice or a temporary license form, entitled Form DS-367. After the date of his or her arrest, the individual only has 10 days to schedule a hearing with the Department of Motor Vehicles to contest his or her California driving suspension. Failure to schedule a hearing will result in automatic loss of driving privileges in the state of California.
DMV Hearing
The DMV officer has the burden of justifying the suspension of the person’s California driving privileges. In order for the suspension to occur, the DMV officer must conclude that the arresting officer had probable cause and lawfully made the arrest. He must also find that the driver’s BAC results were 0.08% or higher. The DMV hearing is very technical, and while the arresting officer may testify at the hearing, the final decision will be based upon the facts presented.
Interstate Driver’s License Compact
The IDLC is an agreement between 45 states to communicate about driving-related crimes, including DUI convictions. Only Tennessee, Georgia, Wisconsin, Massachusetts, and Michigan are not part of the Interstate Driver’s License Compact. All other states have agreed to notify each other of a DUI conviction. Certain states only take action after being notified of a DUI court conviction. Among the states that will only act upon a court conviction, some will only take action if the burden of obtaining a criminal conviction in the other state is equal to that of the home state. Certain states may add additional penalties to those given in California and others will impose fewer consequences.
San Francisco DUI Attorney
If you have been arrested for DUI in San Francisco, obtaining a qualified attorney is the most important decision you can make. A DUI attorney can protect your rights, inform you of your legal options, investigate the conditions of your arrest, and question law enforcement and witnesses. A skilled attorney can also provide the resources and aggressive defense you will need to successfully fight your DUI charges.
The Law Office of Robert Tayac has been helping people charged with DUI in San Francisco for over a decade. Attorney Robert Tayac has the education, training, and experience to defend your drunk driving case. Attorney Tayac can also help you schedule your hearing with the DMV and represent you at the hearing. Remember, you only have 10 days to prevent your license from being suspended. When you work with Robert Tayac, you can be assured that you are retaining the services of a knowledgeable and trustworthy DUI defense lawyer.
Contact the Law Office of Robert Tayac for your free case evaluation!
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